DUIs are brutal in Utah. Talk to a lawyer ASAP. Most lawyers will do a free consultation and help you get a hearing scheduled for your driver's license. Don't wait- you only have 10 days to request a hearing and if you miss the deadline your license will be toast. After your driver's license is safe, you can move on to the criminal case in the court.
You have a lawyer. If you have a question about your case, you should ask your lawyer, not the AVVO community. Your lawyer will have the best answer, based on the most complete and current information. A web site is never an adequate substitute for competent legal counsel. Call your attorney. It's that simple.
I agree with attorney Neeley. Seek the advice of an attorney in southern Utah who can help you on a more personal level. Your case sounds complicated enough that you likely wont get adequate advice from Avvo.
In Utah, even the issuance of a citation by the police officer can toll the statute of limitations. Regardless of the statute of limitations, however, you should speak to a lawyer. Depending on the reason why your case has been pending for 6 years, there may be other legal remedies to explore, such as: prejudice from failure to prosecute, or violation of your constitutional right to a speedy trial.
DUIs are serious offenses and you should strongly consider hiring private counsel or having...
Yes. In Utah, you can still be prosecuted for DUI even if your BAC is under the per se limit of .08. Instead of proving you were over the limit, the prosecutor is required to prove that the alcohol or drug, )or combination of the two), was sufficient to make you "incapable of safely operating a vehicle."
It is not uncommon for the Salt Lake City Prosecutor's office to prosecute people for DUI under .08.
If you get cited and\or arrested for DUI, you need to take it very seriously, even if...
I doubt it. The problem with the reduction approach is that even if it was reduced two full levels, down to a 3rd degree felony, the name of the offense would remain the same and that is where you would likely run into trouble. The list of offenses that cannot be expunged in Utah is based on the name of the offenses, not necessarily the degree.
If you are very serious about getting this off of your record, I would contact Michael Holje. He is an attorney in Salt Lake City, Utah at the...
First- if you are charged with a second degree felony, you should have a lawyer. Whether you qualify for a court appointed attorney, or hire private counsel, you are facing a very serious charge and it is going to be almost impossible for you to handle it on your own.
Next, the short answer to both of your questions is, "It depends." Sometimes prosecutors look at a police report and probable cause statement and end up charging a person with the same items that the officer cited them for,...
If you were really only tired, and there was no "drug" or alcohol in your system under Utah law, then you should be able to beat a DUI charge. There is a "drowsy driving" statute in Utah that you could possibly get charged under.
It is important to note that Utah has defined "drug" very broadly for the purpose of DUI and substances that would not appear in your blood on a drug screen, inhalants like paint, for example, could potentially be the basis for a DUI charge.
If you were cited by a...
First, drivers license questions.
Suspension: On a first offense DUI where you didn't refuse the "post-arrest" chemical test, your max license exposure is 120 days. It sounds like you lost your license at the administrative level, as a result of the arrest- that was the first letter you got. The second letter, indicating the 120 day suspension, is due to the conviction for DUI in the court. You will not, however, be "double dipped" on the suspension; you will get credit for the 120 days...